TERMS OF SERVICE

These Terms of Service ("Terms") constitute a legally binding agreement between Equily HRMS, a company incorporated under the laws of India ("Equily", "we", "us", or "our"), and the entity or individual accessing or using the Service ("Customer", "you", or "your").

1. Acceptance of Terms

• By accessing, registering for, or using Equily HRMS in any manner, you confirm that you have read, understood, and agree to be bound by these Terms.
• If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind such organization.
• If you do not agree, you must not access or use the Service.

2. Description of Service

Equily HRMS is a cloud-based human resource management platform designed for Indian businesses, which may include:

• Employee records and organization management
• Payroll processing and statutory compliance tools
• Attendance and leave management
• Performance and engagement modules
• Recruitment and onboarding tools
• AI-powered assistance features ("AskEquily")
• Customization, branding, and integrations

The Service is provided as a technology platform only and does not constitute legal, tax, accounting, or compliance advice.

3. Account Registration & Responsibility

3.1 Account Creation

You must provide accurate, current, and complete information during registration and keep it updated at all times.

3.2 Account Security

You are solely responsible for:

• All activities performed under your account
• Maintaining confidentiality of login credentials
• Actions taken by your employees, contractors, or authorized users

Equily shall not be liable for unauthorized access resulting from your failure to secure credentials.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or statutory obligation
• Upload false, misleading, defamatory, or unlawful data
• Process payroll or employee data without lawful authority
• Attempt to reverse engineer, copy, or resell the Service
• Introduce malware, bots, or harmful code
• Circumvent security or access controls

Violation may result in immediate suspension or termination without notice.

5. Subscription, Fees & Payments

5.1 Subscription Plans

Features, limits, and pricing are determined by the selected plan and may change from time to time.

5.2 Billing & Payment

• Fees are billed in advance (monthly or annually)
• All payments are non-refundable, except as expressly stated
• Failure to pay may result in suspension or termination
• Taxes (GST or otherwise) are payable by the Customer

5.3 Free Trial

The free trial is provided "as-is" for evaluation purposes only and may be modified or withdrawn at Equily's discretion.

5.4 Refund Policy (Strict)

Refunds, if applicable, are limited to 15 days from first paid subscription, excluding one-time setup or onboarding charges.

No refunds shall be provided for:

• Partial usage
• Non-use of the Service
• Termination due to policy violation

6. Data Ownership & Responsibility

6.1 Customer Data

You retain ownership of all data uploaded to the Service.

6.2 Data Accuracy

You are solely responsible for:

• Accuracy of employee data
• Payroll inputs, salary structures, and compliance decisions
• Government filings, returns, and statutory obligations

Equily is not responsible for errors arising from incorrect inputs or misuse of the platform.

7. Privacy & Security

Your data is processed in accordance with our Privacy Policy and applicable Indian data protection laws.

You consent to data hosting, processing, and backups as required to provide the Service.

8. Intellectual Property

All intellectual property rights in the Service, software, branding, and AI models belong exclusively to Equily.

No rights are granted except a limited, non-transferable license to use the Service during your subscription.

9. Service Availability

Equily targets high availability but does not guarantee uninterrupted or error-free service.

Scheduled maintenance, upgrades, or force majeure events may cause downtime.

10. AI Features Disclaimer

AI-powered features are assistive only.

Outputs may be incomplete or inaccurate and must be reviewed by human decision-makers.

Equily disclaims liability for actions taken solely based on AI-generated responses.

11. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE".

Equily disclaims all warranties, including fitness for a particular purpose, accuracy, and compliance suitability.

12. Limitation of Liability

To the maximum extent permitted by law:

• Equily shall not be liable for indirect, incidental, consequential, or punitive damages
• Total liability shall not exceed the fees paid by you in the preceding 6 months
• This limitation applies regardless of cause or theory of liability

13. Indemnification

You agree to indemnify and hold harmless Equily from any claims arising from:

• Your data or payroll actions
• Legal or statutory non-compliance
• Misuse of the Service

14. Termination

14.1 By You

You may terminate by written notice. Access continues until the end of the billing period.

14.2 By Equily

We may suspend or terminate immediately for:

• Breach of Terms
• Illegal or fraudulent activity
• Non-payment

14.3 Termination by Equily with Notice

Equily reserves the right to terminate this Agreement, in whole or in part, for any reason, by providing the Customer with at least thirty (30) days' prior written notice.

During the notice period, the Customer shall continue to have access to the Service subject to these Terms, unless access is suspended for security, legal, or compliance reasons.

Upon termination, no refunds shall be payable for any unused portion of the subscription, except as expressly required under applicable law.

15. Effect of Termination

Upon termination:

• Access ceases
• Data may be deleted after a reasonable retention period
• Outstanding dues remain payable
• Clauses on liability, indemnity, IP, and governing law survive termination

16. Governing Law & Jurisdiction

These Terms are governed by Indian law.

Courts in Gurgaon, Haryana shall have exclusive jurisdiction.

17. Amendments

Equily may update these Terms. Continued use constitutes acceptance of revised Terms.

18. Contact Details